[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Notices]
[Pages 13127-13129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5967]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R07-OPPT-2010-0155; FRL-9128-4]


Lead-Based Paint Renovation, Repair and Painting Activities in 
Target Housing and Child Occupied Facilities; State of Iowa. Notice of 
Self-Certification Program Authorization, Request for Public Comment, 
Opportunity for Public Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; program authorization, request for comments and 
opportunity for public hearing.

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SUMMARY: This notice announces that on January 19, 2010, the State of 
Iowa was deemed authorized under section 404(a) of the Toxic Substances 
Control Act (TSCA), 15 U.S.C. 2684(a), and 40 CFR 745.324(d)(2), to 
administer and enforce requirements for a renovation, repair and 
painting program in accordance with section 402(c)(3) of TSCA, 15 
U.S.C. 2682(c)(3). This notice also announces that EPA is seeking 
comment during a 45-day public comment period, and is providing an 
opportunity to request a public hearing within the first 15 days of 
this comment period, on whether Iowa's program is at least as 
protective as the Federal program and provides for adequate 
enforcement. This notice also announces that the authorization of the 
Iowa 402(c)(3) program, which was deemed authorized by regulation and 
statute on January 19, 2010, will continue without further notice 
unless EPA, based on its own review and/or comments received during the 
comment period, disapproves the Iowa program application on or before 
July 19, 2010.

DATES: Comments, identified by docket control number EPA-R07-OPPT-2010-
0155, must be received on or before May 3, 2010. In addition, a public 
hearing request must be submitted on or before April 2, 2010.

ADDRESSES: Comments, and requests for a public hearing, may be 
submitted by mail, electronically, or in person. Please follow the 
detailed instructions for each method as provided in Section I of the 
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is 
imperative that you identify docket control number EPA-R07-OPPT-2010-
0155 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Crystal McIntyre, Technical Contact, 
Toxics and Pesticides Branch, Water, Wetlands, and Pesticides Division, 
Environmental Protection Agency, Region 7, 901 N. 5th Street, Kansas 
City, KS 66101, telephone number: (913) 551-7261; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

General Information

A. Does This Action Apply to Me?

    This action is directed to the public in general, to entities 
offering Lead Safe Renovation courses, and to firms and individuals 
engaged in renovation and remodeling activities of pre-1978 housing in 
the State of Iowa. Individuals and firms falling under the North 
American Industrial Classification System (NAICS) codes 231118, 238210, 
238220, 238320, 531120, 531210, 53131, e.g., General Building 
Contractors/Operative Builders, Renovation Firms, Individual 
Contractors, and Special Trade Contractors like Carpenters, Painters, 
Drywall workers and Plumbers, ``Home Improvement'' Contractors, as well 
as Property Management Firms and some Landlords are also affected by 
these rules. This listing is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be affected 
by this action. Other types of entities not listed in this notice could 
also be affected. The NAICS codes have been provided to assist you and 
others in determining whether this action might apply to certain 
entities. If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical person listed 
under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document or Other Related Documents?

    1. Electronically: EPA has established an official record for this 
action under docket control number EPA-R07-OPPT-2010-0155. This docket 
may be accessed through http://www.regulations.gov. The official record 
consists of the documents specifically referenced in this action, this 
notice, the State of Iowa 402(c)(3) program authorization application, 
any public comments received during an applicable comment period, and 
other information related to this action, including any information 
claimed as Confidential Business Information (CBI).
    2. In person: You may read this document, and certain other related 
documents, by visiting Iowa Department of Public Health, 321 E. 12th 
Street, Des Moines, IA 50319-0075; contact person, Rita Gergely, 
telephone number (515) 242-6340. You may also read this document, and 
certain other related documents, by visiting the Environmental 
Protection Agency, Region 7, 901 N. 5th Street, Kansas City, KS 66101. 
You should arrange your visit to the EPA office by contacting the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number EPA-R07-OPPT-2010-0155 in the 
subject line on the first page of your response.
    1. By mail or in person or by courier: Submit or deliver your 
comments and public hearing requests to: Crystal McIntyre, Technical 
Contact, Toxics and Pesticides Branch, Water, Wetlands, and Pesticides 
Division, Environmental Protection Agency, Region 7, 901 N. 5th Street, 
Kansas City, KS 66101. The Regional office is open from 8 a.m. to 5 
p.m., Monday through Friday, excluding legal holidays.
    2. Electronically: You may submit your comments and public hearing 
requests electronically by e-mail to: [email protected] or mail 
your computer disk to the address identified above. Do not submit any 
information electronically that you consider to be Confidential 
Business Information (CBI). Electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Comments and data will also be accepted on standard disks 
in Microsoft Word or ASCII file format.

D. How Should I Handle CBI Information That I Want to Submit to the 
Agency?

    Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark on each page the part or all of the information that 
you claim to be CBI. For CBI information in a disk or CD-ROM that you 
mail to EPA, mark the outside of the disk or CD-ROM that you mail to 
EPA as CBI, and then identify electronically within the disk or CD-ROM 
the specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI

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must be submitted for inclusion in the public docket. Information so 
marked as CBI will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the technical 
person identified under FOR FURTHER INFORMATION CONTACT.

II. Background

A. What Action Is the Agency Taking?

    EPA is announcing that on January 19, 2010, the State of Iowa was 
deemed authorized under section 404(a) of TSCA, and 40 CFR 
745.324(d)(2), to administer and enforce requirements for a renovation, 
repair and painting program in accordance with section 402(c)(3) of 
TSCA. This notice also announces that EPA is seeking comment and 
providing an opportunity to request a public hearing on whether the 
State program is at least as protective as the Federal program and 
provides for adequate enforcement. The 402(c)(3) program ensures that 
training providers are accredited to teach renovation classes, that 
individuals performing renovation activities are properly trained and 
certified as renovators, that firms are certified as renovation firms, 
and that specific work practices are followed during renovation 
activities. On January 19, 2010, Iowa submitted an application under 
section 404 of TSCA requesting authorization to administer and enforce 
requirements for a renovation, repair and painting program in 
accordance with section 402(c)(3) of TSCA, and submitted a self-
certification that this program is at least as protective as the 
Federal program and provides for adequate enforcement. Therefore, 
pursuant to section 404(a) of TSCA, and 40 CFR 745.324(d)(2), the Iowa 
renovation program is deemed authorized as of the date of submission 
and until such time as the Agency disapproves the program application 
or withdraws program authorization. Pursuant to section 404(b) of TSCA 
and 40 CFR 745.324(e)(2), EPA is providing notice, opportunity for 
public comment and opportunity for a public hearing on whether the 
State program application is at least as protective as the Federal 
program and provides for adequate enforcement. If a hearing is 
requested and granted, EPA will issue a Federal Register notice 
announcing the date, time and place of the hearing. The authorization 
of the Iowa 402(c)(3) program, which was deemed authorized by 
regulation and statute on January 19, 2010, will continue without 
further notice unless EPA, based on its own review and/or comments 
received during the comment period, disapproves the program application 
on or before July 19, 2010.

B. What Is the Agency's Authority for Taking This Action?

    On October 28, 1992, the Housing and Community Development Act of 
1992, Public Law 102-550, became law. Title X of that statute was the 
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act 
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C. 
2681-2692), entitled Lead Exposure Reduction. In the Federal Register 
dated April 22, 2008 (73 FR 21692), EPA promulgated final TSCA section 
402(c)(3) regulations governing renovation activities. The regulations 
require that in order to do renovation activities for compensation, 
renovators must first be properly trained and certified, must be 
associated with a certified renovation firm, and must follow specific 
work practice standards, including recordkeeping requirements. In 
addition, the rule prescribes requirements for the training and 
certification of dust sampling technicians. EPA believes that 
regulation of renovation activities will help to reduce the exposures 
that cause serious lead poisonings, especially in children under age 6, 
who are particularly susceptible to the hazards of lead.
    Under section 404 of TSCA, a state may seek authorization from EPA 
to administer and enforce its own renovation, repair and painting 
program in lieu of the Federal program. The regulation governing the 
authorization of a state program under section 402 of TSCA is codified 
at 40 CFR part 745, subpart Q. States that choose to apply for program 
authorization must submit a complete application to the appropriate 
regional EPA office for review. Those applications will be reviewed by 
EPA within 180 days of receipt of the complete application. To receive 
EPA approval, a state must demonstrate that its program is at least as 
protective of human health and the environment as the Federal program, 
and provides for adequate enforcement, as required by section 404(b) of 
TSCA. EPA's regulations at 40 CFR part 745, subpart Q provide the 
detailed requirements a state program must meet in order to obtain EPA 
approval. A state may choose to certify that its own renovation, repair 
and painting program meets the requirements for EPA approval, by 
submitting a letter signed by the Governor or Attorney General stating 
that the program is at least as protective of human health and the 
environment as the Federal program and provides for adequate 
enforcement. Upon submission of such a certification letter the program 
is deemed authorized pursuant to TSCA section 404(a) and 40 CFR 
745.324(d)(2). This authorization becomes ineffective, however, if EPA 
disapproves the application or withdraws the program authorization.

III. State Program Description Summary

    The following program summary is from Iowa's self-certification 
application:
    Program Summary, State of Iowa, Renovation, Repair, and Painting 
Program/Lead-Safe Renovator Certification Program.
    The state of Iowa is submitting an application to the U.S. 
Environmental Protection Agency (EPA) certifying that the state's 
Renovation, Repair, and Painting Program/Lead-Safe Renovator Program is 
as protective as the EPA program and is authorized when the application 
is submitted to EPA. The Iowa Department of Public Health (IDPH) is the 
lead agency for these programs. IDPH currently has EPA-authorized 
programs for lead-based paint activities training and certification and 
pre-renovation notification.
    The rules for the Renovation, Repair, and Painting Program/Lead-
Safe Renovator Program are found in 641--Chapter 70 of the Iowa 
Administrative Code. The amendments to this chapter that contain these 
requirements are effective on January 13, 2010. These rules already 
cover all lead-based paint activities that are conducted in target 
housing and child-occupied facilities:
    1. Establish the discipline of lead-safe renovator.
    2. Establish work practice requirements for renovation.
    3 Require persons and firms that conduct these activities to be 
certified by April 22, 2010. To be certified, persons must complete an 
approved training program, apply for certification, and pay a fee of 
$60 per year. Firms must employ at least one certified lead-safe 
renovator and must apply for certification.
    4. Establish procedures for the suspension, revocation, or 
modification of certifications.
    5. Establish requirements for the approval of lead-safe renovator 
training programs and procedures for the suspension, revocation, or 
modification of training program approvals.
    6. Define violations of these rules, establish procedures to assess 
penalties for violations of these rules, and establish administrative 
procedures for

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persons or firms to appeal these penalties.
    The legal authority for the renovation, repair, and painting 
program/lead-safe renovator certification is found in Code of Iowa 
135.105A.

IV. Federal Overfiling

    Section 404(b) of TSCA makes it unlawful for any person to violate, 
or fail or refuse to comply with, any requirement of an approved state 
program. Therefore, EPA reserves the right to exercise its enforcement 
authority under TSCA against a violation of, or a failure or refusal to 
comply with, any requirement of an authorized state program.

V. Withdrawal of Authorization

    Pursuant to section 404(c) of TSCA, the EPA Administrator may 
withdraw authorization of a State or Indian Tribal renovation, repair 
and painting program, after notice and opportunity for corrective 
action, if the program is not being administered or enforced in 
compliance with standards, regulations, and other requirements 
established under the authorization. The procedures EPA will follow for 
the withdrawal of an authorization are found at 40 CFR 745.324(i).

List of Subjects

    Environmental protection, Hazardous substances, Lead, Renovation, 
Renovation work practice standards, Renovation training, Renovation 
certification, Renovation notification, Reporting and recordkeeping 
requirements, State of Iowa.

    Dated: March 9, 2010.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2010-5967 Filed 3-17-10; 8:45 am]
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